Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

The Indian Seamless Metal Tubes Ltd. Versus Commissioner of Central Excise & Customs

2016 (10) TMI 441 - CESTAT MUMBAI

Non-fulfillment of export obligation - denial of exemption from duty under section 25 of Customs Act, 1962 - import of second hand rotary sizer - Export Promotion Capital Goods (EPCG) licence with eligibility for concessional rate of duty of 10% - conditions to be fulfilled under notification no. 28/1997 dated 1st April 1997 - failure to comply with installation of machinery so as to fulfill export obligation - whether is is justified to hold that usage to which the imported goods were to be sub .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tion set aside - appeal allowed - decided in favor of appellant. - APPEAL No. C/465/2004 - A/90000/16/CB - Dated:- 8-3-2016 - Shri M V Ravindran, Member (Judicial) And Shri C J Mathew, Member (Technical) Shri R. S. Paranjape, Chartered Accountant for the appellant Shri D. S. Maan, Asstt. Commissioner (AR) for the respondent ORDER Per C J Mathew M/s Indian Seamless Metal Tubes Ltd, the appellant, had imported a used rotary sizer valued at ₹ 4,23,65,814/- against Export Promotion Capital Goo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

goods cleared on 28th November 1998 after furnishing bank guarantee of ₹ 8,13,424/- being 50% of duty foregone of ₹ 16,26,847/- 3. Appellant was proceeded against on two counts vide two different notices the first for failure to comply with condition no. 5 of notification supra which requires the installation of capital goods at the factory to be certified by the jurisdictional Assistant Commissioner of Central Excise within six months of completion of import and the second for failu .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

irrelevant. Commissioner of Central Excise and Customs (Appeals), Goa (Camp at Pune) vide order no. P/CUS/BUS/7/2004 dated 29th January 2004 confirmed the adjudication order. 4. An amount of ₹ 12,83,424/- was remitted towards duty liability. Appellant, while admitting to non-installation of machinery owing to necessity of shutting down operations and, discovering the lack of certain critical parts, applied to the Policy Relaxation Committee of Directorate General of Foreign Trade for waiv .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

in law that exemption notifications are to be implemented strictly. The decision of the Hon ble Supreme Court in Commissioner of Customs, Hyderabad v. M/s Pennar Industries Ltd & Anr [2015-TIOL-162-SC-CUS] was cited in support. 6. Though the alleged contraventions are linked to exemption from duty under section 25 of Customs Act, 1962, it must be borne in mind that this exemption notification is a consequence of a scheme of the Foreign Trade Policy and the conditions in the said notificatio .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ntly, the decision of the Policy Relaxation Committee are, vicariously, a decision that the designated officers cannot distance themselves from or decline to acknowledge. 7. In this context, the observation of the Hon ble Supreme Court in re M/s Pennar Industries Ltd cited supra is noteworthy. 20) Though we have rendered this decision keeping in view the legal position discussed above, at the same time, we deem it necessary to observe that the Government should bestow its consideration and make .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

uch person should not be left high and dry. Therefore, necessary amendments are needed in such notifications making appropriate provisions to meet these types of eventualities. We are hopeful that the competent authority shall look into these aspects and cater for such situations as well so that unnecessary hardship is not caused to the bona fide assessees as well. 8. Further, in that judgment, the Hon ble Supreme Court noted that there are various conditions, of which some were relaxed or condo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version